Article Two of the United States Constitution establishes the executive branch of the federal government, which carries out and enforces federal laws. Article Two vests the power of the executive branch in the office of the president of the United States, lays out the procedures for electing and removing the president, and establishes the president's powers and responsibilities.
The Thirteenth Amendment to the United States Constitution abolished slavery and involuntary servitude, except as punishment for a crime. The amendment was passed by Congress on January 31, 1865, and ratified by the required 27 of the then 36 states on December 6, 1865 and proclaimed on December 18. It was the first of the three Reconstruction Amendments adopted following the American Civil War.
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Arguably one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as Brown v. Board of Education (1954) regarding racial segregation, Roe v. Wade (1973) regarding abortion, Bush v. Gore (2000) regarding the 2000 presidential election, and Obergefell v. Hodges (2015) regarding same-sex marriage. The amendment limits the actions of all state and local officials, and also those acting on behalf of such officials.
The Fifteenth Amendment to the United States Constitution prohibits the federal government and each state from denying a citizen the right to vote based on that citizen's "race, color, or previous condition of servitude." It was ratified on February 3, 1870, as the third and last of the Reconstruction Amendments.
The Tenure of Office Act was a United States federal law that was intended to restrict the power of the president to remove certain office-holders without the approval of the Senate. The law was enacted on March 2, 1867, over the veto of President Andrew Johnson. It purported to deny the president the power to remove any executive officer who had been appointed by the president with the advice and consent of the Senate, unless the Senate approved the removal during the next full session of Congress.
Morrison v. Olson, 487 U.S. 654 (1988), is a United States federal court case in which the Supreme Court of the United States decided that the Independent Counsel Act was constitutional.
The Civil Rights Act of 1866 was the first United States federal law to define citizenship and affirm that all citizens are equally protected by the law. It was mainly intended, in the wake of the American Civil War, to protect the civil rights of persons of African descent born in or brought to the United States.
Henry Stanbery was an American lawyer from Ohio. He was most notable for his service as Ohio's first attorney general from 1846 to 1851 and the United States Attorney General from 1866 to 1868.
Missouri v. Holland, 252 U.S. 416 (1920), is a United States Supreme Court decision concerning the extent to which international legal obligations can be incorporated into federal law.
Giles v. Harris, 189 U.S. 475 (1903), was an early 20th-century United States Supreme Court case in which the Court upheld a state constitution's requirements for voter registration and qualifications. Although the plaintiff accused the state of discriminating in practice against black citizens, the Court found that the requirements applied to all citizens and refused to review the results "in practice," which it considered overseeing the state's process. As there was no stated intent in law to disenfranchise blacks, the Court upheld the state law.
The Enforcement Act of 1871, also known as the Ku Klux Klan Act, Third Enforcement Act, Civil Rights Act of 1871, Force Act of 1871, or Third Ku Klux Klan Act, is an Act of the United States Congress which empowered the President to suspend the writ of habeas corpus to combat the Ku Klux Klan (KKK) and other white supremacy organizations. The act was passed by the 42nd United States Congress and signed into law by United States President Ulysses S. Grant on April 20, 1871. The act was the last of three Enforcement Acts passed by the United States Congress from 1870 to 1871 during the Reconstruction Era to combat attacks upon the suffrage rights of African Americans. The statute has been subject to only minor changes since then, but has been the subject of voluminous interpretation by courts.
In the United States, qualified immunity is a legal principle that grants government officials performing discretionary functions immunity from civil suits unless the plaintiff shows that the official violated "clearly established statutory or constitutional rights of which a reasonable person would have known". It is a form of sovereign immunity less strict than absolute immunity that is intended to protect officials who "make reasonable but mistaken judgments about open legal questions", extending to "all [officials] but the plainly incompetent or those who knowingly violate the law". Qualified immunity applies only to government officials in civil litigation, and does not protect the government itself from suits arising from officials' actions.
White primaries were primary elections held in the Southern United States in which only white voters were permitted to participate. Statewide white primaries were established by the state Democratic Party units or by state legislatures in South Carolina (1896), Florida (1902), Mississippi and Alabama, Texas (1905), Louisiana and Arkansas (1906), and Georgia (1908). The white primary was one method used by white Democrats to disenfranchise most black and other minority voters. They also passed laws and constitutions with provisions to raise barriers to voter registration, completing disenfranchisement from 1890 to 1908 in all states of the former Confederacy.
Disenfranchisement after the Reconstruction era in the United States, especially in Southern states, was based on a series of laws, new constitutions, and practices in the South that were deliberately used to prevent black citizens from registering to vote and voting. These measures were enacted by the former Confederate states at the turn of the 20th century. Efforts were made in Maryland, Kentucky and Oklahoma. Their actions were designed to thwart the objective of the Fifteenth Amendment to the United States Constitution, ratified in 1870, which sought to protect the suffrage of freedmen after the American Civil War.
Will v. Michigan Dept. of State Police, 491 U.S. 58 (1989), was a case decided by the United States Supreme Court, in which the Court held that States and their officials acting in their official capacity are not persons when sued for monetary damages under the Civil Rights Act of 1871.
Georgia v. Stanton aka The Library Case, 73 U.S. 50 (1868), was a case in which the Supreme Court of the United States held that the court does not hold jurisdiction over the political question of enforcement of the Reconstruction Acts against the Southern States. The court did recognize its original jurisdiction in the matter and its ability to decide issues of the rights of persons or property. Nevertheless, the case before it was not one of persons or property, but the political question of whether the federal government could annul state governments and replace them with new ones. Since it found that the issue raised by the three Southern States was a political one, the court decided it did not possess jurisdiction over the subject matter of the case.
The Chase Court refers to the Supreme Court of the United States from 1864 to 1873, when Salmon P. Chase served as the sixth Chief Justice of the United States. Chase succeeded Roger Taney as Chief Justice after the latter's death. Appointed by President Abraham Lincoln, Chase served as Chief Justice until his death, at which point Morrison Waite was nominated and confirmed as his successor.
In the United States, anti-miscegenation laws were laws passed by most states that prohibited interracial marriage and interracial sexual relations. Some such laws predate the establishment of the United States, some dating to the later 17th or early 18th century, a century or more after the complete racialization of slavery. Most states had repealed such laws by 1967, when the U.S. Supreme Court ruled in Loving v. Virginia that such laws were unconstitutional in the remaining 16 states. The term miscegenation was first used in 1863, during the American Civil War, by journalists to discredit the abolitionist movement by stirring up debate over the prospect of interracial marriage after the abolition of slavery.
Abood v. Detroit Board of Education, 431 U.S. 209 (1977), was a US labor law case where the United States Supreme Court upheld the maintaining of a union shop in a public workplace. Public school teachers in Detroit had sought to overturn the requirement that they pay fees equivalent to union dues on the grounds that they opposed public sector collective bargaining and objected to the political activities of the union. In a unanimous decision, the Court affirmed that the union shop, legal in the private sector, is also legal in the public sector. They found that non-members may be assessed agency fees to recover the costs of "collective bargaining, contract administration, and grievance adjustment purposes" while insisting that objectors to union membership or policy may not have their dues used for other ideological or political purposes.
The Chase Court (1864–1873) issued thirty-five opinions in criminal cases over nine years, at a significantly higher rate than the Marshall Court or Taney Court before it. Notable such cases include Ex parte Milligan (1866), Pervear v. Massachusetts (1866), Ex parte McCardle, Ex parte Yerger (1868), and United States v. Kirby (1868).
